Joining the Tenth Circuit, the Ninth Circuit also has held that chapter 13 trustees are not paid their fees when cases are dismissed before confirmation. The identical issue was argued on February 15 before the Second Circuit.
In short order, we’ll have either unanimity or a split of circuits. A split will give rise to an issue worthy of a grant of certiorari by the Supreme Court.
Notably, the Ninth Circuit’s opinion on June 12 adopted reasoning in an amicus brief filed in support of the debtor by the National Consumer Bankruptcy Rights Center and National Association of Consumer Bankruptcy Attorneys.
Arizona Judge Grants Discharge Despite Default on Direct Pay Mortgage
Adopting the minority interpretation, Bankruptcy Judge Madeleine C Wanslee of Phoenix decided that failure to make all direct.....
Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Constrained by the logic of In re Bellingham Ins. Agency Incorporated, although not by its holding, Bankruptcy Judge.....
Filing Tag-Team Bankruptcies Resulted in Suspension from Practice
By using tag-team bankruptcies and meritless tactics, a Wisconsin lawyer did succeed in forestalling foreclosure of her clients’ home.....
Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets
In a tightly worded, conversational opinion fraught with memorable quotations, Seventh Circuit Judge Frank.....
Seventh Circuit Makes Stays Pending Appeal Automatic in Mortgage Foreclosures
Over a dissent, the Seventh Circuit ruled provisionally in a nonprecedential opinion that stays pending appeal should be.....
Chicago Case May Resolve the Circuit Split on the New Value Defense
A case gestating in the Chicago bankruptcy court may lead to a petition for certiorari and a definitive ruling from the Supreme.....
District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules
A district court in Illinois limited the ability of bankruptcy judges to adopt local rules adding more requirements for confirming.....
As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says
Although a dog may be the Debtor’s priceless, faithful and loved companion, the dog is nonetheless property in the eyes of the.....
Courts Split on Arbitrating Dischargeability of Student Loans
Unless the circuit courts are unanimous, the Supreme Court ultimately will decide whether individual debtors can be forced to arbitrate.....
Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline
On an issue where the circuits are split, Bankruptcy Judge Donald R. Cassling of Chicago ruled that a chapter 7 trustee has.....